If this is your first arrest for DUI in California, your consequences can range from a jail sentence to a misdemeanor probation. With the help of your DUI Defense Attorney, you may be allowed to continue your driving privileges under an ID Restricted License while on probation. With these privileges, it will be required you obtain an Ignition Interlock Device. This device will have to be installed at your expense and remain on your vehicle for four months.

• ID Restricted License- The police officer making your arrest for DUI will present you with a temporary license when they take your physical one away. This provisional license can be used for 30 days with all driving privileges.

  If you and your attorney must contact the DMV within ten days of your arrest and ask for a hearing to continue driving beyond those 30 days, if you do not make the request, your license will be suspended automatically. Contacting the DMV is a request to place a stay on the suspension of your temporary license.

  The DMV will then schedule either a telephonic or in-person hearing. At the hearing, they are not determining your need to drive, or that you can drive, they are going to cover three legal issues.

  • Was there a reasonable cause for the Police Officer to think you were DUI and in violation of Penal Code Sections 23140, 23152, or 23153?
  • Did the officer on the scene place you under a lawful arrest?
  • Were you operating a motor vehicle with a 0.08% level of alcohol in your system?

  At this hearing, you and your attorney can make legal objections based on the evidence pertaining to these three questions. Your DUI Defense Attorney will present defenses to the DMV hearing so that you are able to continue with a suspended license.

• Ignition Interlock Device- An ignition interlock device tests your breath before allowing you to operate the vehicle it has been installed into. It has a mouthpiece attached to a handheld unit, which is connected to the ignition system of the vehicle. When you blow into an ignition interlock device, it is able to read your BAC levels before it allows you to start the vehicle.

If you are not granted an ID Restricted License, you will be without driving privileges for up to 6 months. This suspension of your license will be enforced unless:

• Your DUI Defense Attorney requests the DMV hearing in the California courts and wins your case

• Your DUI Defense Attorney wins your case, and there is no conviction of your charges

Without the help of an experienced DUI Defense Attorney, one who understands California law and knows their way through the complex legal system, you could be convicted of DUI. Consequences of the first-time DUI conviction in California can include:

• Up to five years of informal probation

• Required attendance, at your cost, in a California DUI school. The classes can range from 3 to 9 months

• Suspension of driver’s license for up to 6 months

• Installation of the Ignition Interlock Device, at your expense

• Possible jail time up to 6 months

Other consequences you may suffer outside the ones imposed by the courts is an increase in your vehicle insurance premiums. With the help of an experienced DUI Defense Attorney, you might be able to reduce the charges to a lesser offense such as reckless driving.

There are specific aggravating factors that can increase the penalties for DUI convictions. These increased penalties apply even to first time DUI:

• If your blood alcohol level is tested to be 0.15% or higher

• When you refuse to take the chemical test

• If your driving has caused an accident

• If you were driving at excessive speeds, 30 mph over the posted limit, on a highway or more than 20 mph over the limit on a street

• If there were children under the age of 14 in the vehicle at the time of the arrest

• If you are under the legal drinking age of 21

Sentencing when aggravating factors are present in a first-time DUI conviction, which are alternatives to prison or jail time include:

• Cal-Trans roadside work program

• Having to perform community service

• Having to use electronic monitoring or what is often referred to as ‘house arrest’

• Having to take up residence in a sober-living community

• Jail time in a private or city jail

There are a significant number of DUI arrests in California that involve drivers under the age of 21. Because you cannot legally consume alcohol under this age, you may be facing more severe penalties than an adult would who is arrested for DUI. Even though you are not considered an adult who is legally allowed to drink, you will still face charges and penalties as an adult.

In adult cases where a person is considered ‘under the influence,’ their blood alcohol level must be .08% or more, but for someone under the age of 21, California has a ‘zero’ tolerance, so any level of alcohol will be considered a DUI.

There are several thresholds applied for underage drunk drivers in California:

• If you register with 0.01% or more on your BAC test, you can be found guilty and lose your license for one year. This level will not count as a DUI, and you will not be sentenced jail time or have it on your record

• If your BAC registers .05% or more, it will not count as an adult, but if under the age of 21 this will constitute as a DUI charge. This alcohol level will mean you are charged with DUI, and it will appear on your criminal record. There is no jail time for this level; however, you will have your driver’s license suspended for one year

• A BAC level of .08% or more is considered DUI even for an adult, and as an underage drinker, you are now at risk for even more severe consequences than an adult driver would face. You are now at risk for thousands of dollars in fines, court fees, and up to a six-month jail sentence, along with a three to nine DUI course which is at your cost.

• An impaired driving charge is also a DUI conviction. DUI laws do not always depend on blood alcohol levels. If you were observed by an officer of the law to be swerving or driving dangerously due to alcohol effects, it constitutes a DUI on its own. Penalties for impaired driving are the same as those for a .08% BAC level.

You will want strong representation to defend your rights if you are under the age of 21 and facing a DUI as a Minor. Having a drunk driving offense on your criminal record can impact your chances of attending the college of your choice, and your ability to find employment.

There are enhanced penalties applied to a DUI conviction in California if you are driving under the influence while there is a child under the age of 14 in your vehicle at the time of your arrest. This DUI is considered ‘DUI with Child Endangerment’ and under Vehicle Code 23572, you are looking at spending time in jail.

The sentencing guidelines used by the prosecution to determine what your sentencing enhancements will include are determined by:

• Whether or not you intended to cause harm to the child

• What the blood alcohol level reading was at the time of your arrest

• How the arresting officer observed your driving

However, the main factors are going to be if you were under the influence at the time you were driving with a minor under the age of 14.

If you are convicted of DUI along with a sentence enhancement for having a child under the age of 14 in your vehicle, you will have additional penalties added to the one imposed for DUI alone.

The sentences will run consecutively and include:

• A jail sentence of forty-eight hours if it is your first conviction

• A second conviction carries a 10-day jail sentence

• If convicted a third time, you will face an additional thirty days in jail

• On a fourth conviction, you will have ninety days added on to your original DUI sentence

If you have an experienced DUI defense attorney working on your side, and they are able to fight the charges of driving under the influence, then the prosecution cannot charge you with DUI with Child Endangerment. Should your attorney be unable to gain you an outright dismissal, they may be able to plea bargain to a reduced charge.

When you are arrested in California for DUI, the consequences can be severe, as a member of the military, it can be even worse. Being arrested on base is even worse. There are three separate ways in which you could face punishments:

• You may have to attend a California DMV administrative suspension hearing

• You may have to go to trial in a criminal court either under Federal or State jurisdiction

• You may face a court-martial under the Uniform Code of Military Justice

Anyone who drives in the State of California has to follow the rules and laws governing our state. Whether you are a civilian or enlisted in the military, you have to follow the statutes or risk your license being confiscated.

If you are arrested off-base as a member of the military, you are usually prosecuted like a civilian and will be charged with a California DUI. If you are on the base at the time of the arrest, you will then be charged with a Federal DUI because you are on federal land.

Because the United States Constitution protects you under the Double Jeopardy Clause, you can only be charged once for the same crime. The military could not charge you if you were charged as a civilian.

Members of the military who are arrested for DUI should contact a DUI Defense Attorney as soon as possible. As an Orange County DUI Defense Attorney, Daryl D. Anthony understands how criminal and administrative actions from your commanding officer can affect both your military career and your future.

The State of California, Vehicle Code 20002, charges you with a misdemeanor for a ‘hit and run.' This charge is applied if you leave the scene of the accident without identifying yourself to the party or parties involved in the crash. You can also be charged under this Vehicle Code if you have caused damage to another’s property during this accident.

The difference under this Vehicle Code being charged as a felony or misdemeanor is determined by the damage which occurred during the accident. If the damage was to another’s property, it is then a misdemeanor. If another person sustained damage or an injury, it is charged under the Penal Code 20001 and is then considered a felony.

There are three ‘hit and run’ laws that apply to every automobile accident:

• Who was at fault for the accident?

• The dollar amount of the damage which occurred during the accident

• How severe or serious the injuries are with the other person

If you are DUI while involved with a hit and run arrest, it becomes very serious. If you are convicted of the charges, you will be facing charges for both DUI and the ‘hit and run.'

California ‘hit and run’ laws trap a lot of people who have no idea they have committed a crime. It is considered a misdemeanor if you drive away from a fender-bender where the other driver was at fault, or if you damage a fence with your car and drive away, or even if you caused an accident, but your vehicle was not involved.

You will want the help of an experienced DUI Defense Attorney to face these charges. The prosecution will have to prove you were involved, that you were aware of the accident occurred yet refused to stop, and that you were DUI. Your defense attorney will investigate your charges to build the best defense strategy.

The wet reckless plea is not an actual charge under California law as the prosecution cannot initially apply this charge to your case. The wet reckless is used as a way of reducing or plea bargaining your DUI charges. Under Vehicle Code 23103 in the State of California, reckless driving is considered a misdemeanor as you have been driving using unsafe conduct. There is a provision allowed under the law if there was alcohol involved in the driving incident, which is called ‘Wet Reckless Driving.’

There are two significant differences between getting a conviction for DUI or a conviction for Wet Reckless. The main difference is that it is not charged as a DUI and will therefore not show on your criminal history as one. This difference also means you will not suffer the same consequences as having a DUI on your file. When seeking employment, you will honestly be able to answer that you have a reckless driving conviction, which puts you in a much more favorable position than a DUI conviction would.

Another difference with receiving a Wet Reckless conviction is you will not be required to install an IGD (Ignition Interlock Device) on your vehicle, and it also will not automatically trigger a driver’s license suspension.

If you are facing DUI charges, you should contact a DUI Defense Attorney and discuss if the Wet Reckless applies to your charges as this would seriously reduce your consequences.

If this is your fourth DUI arrest, you may be thinking you know all the procedures involved with a DUI charge. Many of the steps are going to be familiar, including the arresting officer forwarding a copy of the notice to revoke or suspend your driving privileges. The DMV process is the same as with your previous convictions, but there are a few new or different penalties.

If you are arrested for a fourth DUI violation in California, it will be charged as a felony. As a felony conviction, you are facing from 180 days to 3 years in jail. This conviction also carries a suspension of your driving privileges for four years and a much larger fine. A fourth or multiple conviction of DUI is a very serious offense in the State of California. Your consequences are going to be significantly harsher.

Jail time with this conviction is mandatory. Other penalties for a repeat offender can include probation up to five years, enhanced fines, and the possibility of having to perform your jail time in State Prison. Though the penalty assessments, fines, and fees can be the same as those for a first-time DUI offense, they will go up as part of the plea negotiations and could go as high as $2,500.

Other penalties that can be imposed include mandatory registration in an alcohol program. The program is a 90-hour long course and can cost you more than $1,700. Probation with DUI convictions usually is unsupervised, unless circumstances in your case require supervision. With multiple DUI convictions, you can face up to five years of unsupervised probation.

As stated earlier, when you are arrested for DUI, there are two legal proceedings that will result from this:

• A criminal trial will be scheduled to determine whether or not you are guilty of the crime of DUI.

• There is also a California DMV hearing to decide if you are eligible for keeping your license

The DMV hearing only handles the decision of whether or not you will be allowed to maintain your driving privileges, and they cannot impose any additional penalties to you. This decision regarding your license is a separate issue and does not affect your criminal case.

The hearing with the DMV is not automatically scheduled; you have to make a request for a hearing within ten days after your arrest. The criminal trial will be scheduled separate from the hearing, and if necessary, the judge can order a license suspension.

Your criminal court appearance is not optional, unlike the DMV hearing. If you have been charged, you and your attorney have to attend all the proceedings. The proceedings include the arraignment where you will enter your plea of guilty, not guilty, or no contest.

• An arraignment is where the prosecution will make a formal reading of the criminal charges against you. This reading is done in the presence of you, and your attorney and before the judge. You are expected to enter a plea to the charges being brought against you at this time. You can enter a ‘guilty,’ ‘not guilty’ or ‘no contest.’ With a ‘no contest’ plea, you are neither saying you are guilty or not guilty. While you are not admitting guilt with the no contest plea, it will have the same effect as that of a guilty plea.

Another difference between the DMV hearing and a criminal court appearance is the court is able to impose criminal penalties on top of suspending your license. Other penalties can include jail time, probation, and fines. The winning or losing of the court case can affect the disposition of the DMV.

If you are found ‘not guilty’ of DUI, the DMV will reverse a license suspension, if the hearing officer believes the ‘not guilty’ findings amount to an acquittal. If they feel you have won because your attorney was able to find fault with technicalities, they may not lift the suspension.